One Attorney has rejected us what ....

[Gayle]

should we do to find another attorney. The one who rejected us was a big name attorney in Dallas. I guess since my Dear Daughter is now crawling and did not need primary and hopefully will not need the mod quad they don't want to touch us.

However, she is still injured for life and has only 140 degree to raise her arm and has supination problems. We need to pursue it but I do not want just any ambulance chaser.

I would like some suggestions.

Gayle

[CW1992]

I was wondering if maybe waiting to file a lawsuit might be best. (I'm just talking about a few years) I would think that it might possibly be easier to have a firm case if you have documentation covering years of therapy, doctors appointments, and everything that your child has gone through so far because of the birth injury. In a few years you would have a better idea about what the future might be like for your child as far as if surgeries were needed or what types of different therapy equipment like splints or e-stim or whatever were needed. I would think it would be much easier to establish a solid case if you had years of documentation to prove your case with what the child has had to endure so far. Also, you can still have a very strong case if surgery was not needed so far. And, the possibility of future surgery is always there.

[DeShawn]

Gayle,
I emailed you.
DeShawn

[Gayle]

She could not even move her arm at first and was diagnosed w/a severe stretch injury.

She will be in PT and OT for years and like I said her arm is definitely different then the other. She has a tough time w/supination on the injured arm.

[Sonia]

Gayle, I read your note with interest because my daughter has a similar injury. She has a severe stretch injury with no suppination. She has not had any surgeries. We have not sought an attorney because I was worried about their consideration if this injury was severe enough or not. Although it shouldn't have happened at all. I live in Pearland, Texas. Please keep me posted. My daughter is 16 months and is also crawling and starting to walk. She has some suppination but not completely. She has to really work at it.

[CW1992]

Gayle and Sonia, Surgery or no surgery - your child was still injured and is not functioning at 100% like would have been if the child wasn't injured. There are so many aspects to a law suit. Not only do you have to prove that someone is at fault, but you must also prove that your child's life has and will be changed forever by what had happened during birth. I still feel that by waiting a few years you would have a better idea of how much your child has gone through and will have to go through in the future - which is hard to tell right now at such an early age. I just feel that your case would be stronger after showing years of Doctors and specialist appts, therapy appts, second opinions, etc....

[Debbie]

Gayle and Sonia, I would find out the statue of limitations in your state, FIRST, so you are aware of the time you have to build your case with pt/ot etc...
I also want to say, Don't EVER giveup trying! This is your child, and you have to do everything you can, otherwise you will regret it. I know. But I agree with "building your case up". Keep us posted, and I
wish you the Best of Luck.
God bless,
Debbie

[Debbie]

Gayle and Sonia, I would find out the statue of limitations in your state, FIRST, so you are aware of the time you have to build your case with pt/ot etc...
I also want to say, Don't EVER giveup trying! This is your child, and you have to do everything you can, otherwise you will regret it. I know. But I agree with "building your case up". Keep us posted, and I
wish you the Best of Luck.
God bless,
Debbie

[TONI(NY)]

FYI:: the statue of limitation is more for if you file under one of the parents names. Most state are 2.5-3yrs. But if you file under the childs name it is either 18 or 21 depended on the state. So I think that there is time to wait and see what happens, but also I agree on seeing if someone else would take your case. You really have nothing to lose if you try again. But I encourage you to never stop trying. Good luck with everything. It can be so over whelming at times.

Toni

[Sonia]

I think the statute of limitations in Texas is 2 years. So from a parent's perspective, I am running out of time. Is there any difference in me filing or my child? Has anyone's child filed a lawsuit for BPI that has posted here? So many questions....